Establishes alternative twenty and twenty-five year plans for every non-seasonally appointed sworn member or officer of the division of law enforcement in the department of environmental conservation, a forest ranger in the service of the department of environmental conservation, which shall mean a person who serves on a full-time basis in the title of forest ranger I, forest ranger II, forest ranger III, assistant superintendent of forest fire control, or any successor titles or new titles in the forest ranger title series in the department of environmental conservation, a police officer in the department of environmental conservation, the regional state park police, and university of police officers whose date of membership is prior to January first, two thousand ten.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6718A
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
establishing alternative twenty and twenty-five year plans for certain
officers of state law enforcement
PURPOSE OR GENERAL IDEA OF BILL:
To create alternative twenty- and twenty-five-year plans for certain law
enforcement officers employed by the Department of Environmental Conser-
vation, the regional state park police, and university police officers.
SUMMARY OF PROVISIONS:
Section 1 adds a new section 383-E to the Retirement and Social Security
Law to allow environmental conservation officers, forest rangers,
regional state park police, and university police officers to receive a
20-year retirement plan similar to the New York State Troopers and the
vast majority of municipal police officers.
Section 2 adds a new section 383-f to the Retirement and Social Security
Law to allow environmental conservation officers, forest rangers,
regional state park police, and university police officers to opt in to
an alternative 25-year retirement plan.
JUSTIFICATION:
The Police Benevolent Association of New York State, which is comprised
of forest rangers, regional park police, environmental conservation
officers and state university police officers are members of the Agency
Police Bargaining Unit. The Agency Police Bargaining Unit currently has
a 25-year retirement plan in which they receive 50% of their final aver-
age salary and 1.66% thereafter, at a maximum of 32 years with a maximum
61.66% final average salary.
However, New York State Troopers and approximately 97% of Municipal
Police officers have a 20-year retirement plan in which they can receive
50% of their final average salary. Many of them have an additional bene-
fit commonly referred to as "1/60", which means for every year above 20
years of employment, they receive an additional 1/60th or 1.66% of their
final average salary. This will cap at 32 years of service, which will
equate to 70%.
To rectify this discrepancy and provide equity among law enforcement
officers this legislation authorizes the Agency Police Bargaining Unit
to create a 20-year retirement plan in which they can receive•50% of
their final average salary. This plan applies to members who were in
service on or after January 1, 2010. They can also receive a "1/60"
benefit for each additional year beyond 20 years of employment. This
will be capped at 75% of their final annual salary.
This legislation also creates an alternative 25-year plan for members
who were in service prior to January 1, 2010 and members who were in
service within one year of the effective date or who elect within one
year of their employment. After 25 years of creditable service, they are
eligible to receive a pension benefit equating to 58% of their final
annual salary. They are also eligible for a "1/60" benefit for each
additional year beyond 25 years of employment. This cannot exceed 75% of
their final annual salary.
PRIOR LEGISLATIVEHISTORY:
2023-2024: A4018 -Vetoed Memo 84
2021-2022: S.8477- Vetoed Memo133/A.9325- Vetoed Memo133
2021-2022: S.4523- Vetoed Memo77/A6457 -Vetoed Memo 77
2019-2020: S.8148- Referred to Civil Service and Pensions/A.10253
Referred to Governmental Employees
2019-2020: S.5207 - Vetoed Memo 275/A.4431 - Vetoed Memo 275
2017-2018': S.6234-A - Amend and Recommit to Civil Service and
Pensions/A.10416 - Reported Referred to Ways and Means
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Please see fiscal note.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.
